Preview of United States Supreme Court Cases

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Submissions from 2025 2025

Can an E-Cigarette Manufacturer, Located in the Fourth Circuit, Appeal a Denial by the Food and Drug Administration of Its Application to Market E-Cigarette Products in the Fifth Circuit, if Retailers of the Manufacturer's Products Are Located in the Fifth Circuit?, Steven D. Schwinn

Can Texas Require Commercial Websites with More than One-Third Content That Is "Sexual Material Harmful to Minors" to Include Age Verification for Visitors?, Steven D. Schwinn

Did the Hobbs Act Require the District Court to Accept the Federal Communications Commission's Legal Interpretation of the Telephone Consumer Protection Act (TCPA) When a Private Party Brought a Case to Enforce the TCPA?, Steven D. Schwinn

Does a Plaintiff's Voluntary Dismissal without Prejudice Amount to "A Final Judgment, Order, or Proceeding" That Would Allow a Court to Reopen the Case under Federal Rule of Civil Procedure 60(b)?, Steven D. Schwinn

Does the Federal Ban on TikTok, and Application Owned by a Corporation with Significant Ties to China, Violate the First Amendment?, Steven D. Schwinn

Does the Federal Prohibition on Making "Any False Statement" to Influence Certain Federal Agencies and Financial Institutions Also Prohibit Making a Misleading Statement to Those Entities?, Steven D. Schwinn

Does the Nuclear Regulatory Commission Have Authority to License Private Entities to Temporarily Store Spent Nuclear Fuel Away from the Nuclear-Reactor Site That Generated the Spent Fuel, and Can an Entity Challenge the Agency's Decision-Making Process?, Steven D. Schwinn

In Addition to Pleading the Ordinary Requirements of an Employment-Discrimination Claim, Does a Majority-Group Plaintiff under Title VII of the Civil Rights Act of 1964 Also Have to Show "Background Circumstances to Support the Suspicion That the Defendant Is That Unusual Employer Who Discriminates against the Majority"?, Steven D. Schwinn

Submissions from 2024 2024

Can Plaintiffs Sue a State in Federal Court for Just Compensation under the Takings Clause?, Steven D. Schwinn

Can the Government Impose a Set and Predetermined Fee on a Landowner Who Seeks to Develop His Property, Based Only on the Location of the Property and the Type of Development, without an Individualized Assessment of the Development's Public Costs?, Steven D. Schwinn

Consistent with the First Amendment, Can a State Restrict How Social-Media Platforms Moderate Content and Require Them to Provide Notice and an Explanation to Users When They Do?, Steven D. Schwinn

Did Government Officials Impermissibly Coerce or Significantly Encourage Social-Media Companies to Moderate Third-Party Content That the Government Deemed Dangerous?, Steven D. Schwinn

Did the Colorado Supreme Court Validly Exclude Former President Donald J. Trump from the State's 2024 Presidential Primary Ballot?, Steven D. Schwinn

Did the Food and Drug Administration Wrongly Deny Applications for Authorization to Market New e-Cigarette Products?, Steven D. Schwinn

Did the U.S. Food and Drug Administration Lawfully Remove Requirements for a Drug Used to Voluntarily Terminate a Pregnancy?, Steven D. Schwinn

Does a Civil Rights Plaintiff "Prevail" and Qualify for Attorney's Fees by Obtaining a Preliminary Injunction?, Steven D. Schwinn

Does a Consular Officer's Denial of a Visa to the Spouse of a U.S. Citizen Impinge upon a Constitutionally Protected Interest of the Citizen and, if So, Does the Officer's Mere Citation to the Unlawful-Activity Bar Provide Sufficient Explanation and Process?, Steven D. Schwinn

Does a Federal Law That Makes It a Crime to "Corruptly..Obstruct[], Influence[], or Impede[] Any Official Proceeding" Apply to a Person Who Participated in the Mob That Stormed the Capitol on January 6, 2021?, Steven D. Schwinn

Does a Former President Enjoy Immunity from Criminal Prosecution for Conduct Alleged to Involve Official Acts While in Office?, Steven D. Schwinn

Does a Plaintiff's Cause of Action Challenging an Agency Regulation Accrue When the Agency Adopted the Regulation, or When the Plaintiff Suffered Harm from It?, Steven D. Schwinn

Does Tennessee's Ban on Puberty Blockers and Hormone Therapy to Facilitate a Minor's Sex Transition Violate the Equal Protection Clause?, Steven D. Schwinn

Does the Bureau of Alcohol, Tobacco, and Firearms Have Authority to Regulate Bump Stocks as "Machineguns" under Federal Law?, Steven D. Schwinn

Does the Clean Water Act Authorize the Environmental Protection Agency to Impose Limitations on Combined Sewage and Stormwater Discharge Based on the Quality of the Receiving Water?, Steven D. Schwinn

Does the Federal Antibribery Statute Criminalize Payments to a State or Local Official after the Official Took the Actions in Question, and without Any Quid Pro Quo Agreement to Take Those Actions?, Steven D. Schwinn

Does the First Amendment Allow a Government Regulator to Threaten Regulated Entities with Adverse Regulatory Actions if They Do Business with a Controversial Speaker, as a Consequence of the Government's Own Hostility to the Speaker's Viewpoint or a Perceived "General Backlash" against the Speaker's Advocacy?, Steven D. Schwinn

Does the Gun Control Act of 1968 Authorize the Bureau of Alcohol, Tobacco, Firearms and Explosives to Regulate "Ghost Guns"?, Steven D. Schwinn

Does the National Bank Act Preempt a State Law That Requires Banks to Pay Interest on Mortgage-Escrow Accounts?, Steven D. Schwinn

Does the National Environmental Policy Act Require an Agency to Study the Environmental Impacts of an Action beyond the Proximate Effects of the Action over Which the Agency Has Regulatory Authority?, Steven D. Schwinn

Do the Federal Courts Retain Jurisdiction over a Case Challenging a Person's Inclusion on the No-Fly List Even after the Government Removed Him from the List and Said That It Would Not Relist Him ‘Based on Currently Available Information?', Steven D. Schwinn

Is a Police Officer Who Initiates a Baseless Criminal Charge That Causes an Unreasonable Seizure Liable for a Fourth Amendment Violation if the Officer Also Had a Separate, Valid Charge Based on Probable Cause?, Steven D. Schwinn

Must a Plaintiff Exhaust State Administrative Remedies in Order to Bring a State-Court Lawsuit under Federal Civil Rights Law?, Steven D. Schwinn

Must a Plaintiff Who Alleges That Officers Arrested Her in Retaliation for Protected First Amendment Speech Show That Officers Lacked Probable Cause for the Arrest, When the Plaintiff's Arrest Was Unique and When the Arrest Occurred over a Month after the Protected Speech?, Steven D. Schwinn

Must the Government Reimburse Hospitals for Medicare Patient Treatment Based on the Patient's Eligibility for Supplemental Security Income, Even if the Patient Did Not Qualify for Supplemental Security Income for the Month of Hospitalization?, Steven D. Schwinn

Should the Federal Courts Defer to an Administrative Agency's Interpretation of an Ambiguous Federal Statute?, Steven D. Schwinn

Trump v. Anderson and Trump v. United States: Seismic Shifts in the Separation of Powers, Steven D. Schwinn

Submissions from 2023 2023

Can a Nonprofit, Investigative Organization Sue the Financial Oversight and Management Board for Puerto Rico in Federal Court to Obtain Its Records and Communications?, Steven D. Schwinn

Can a Public Official Block Individuals from Their Social Media Page?, Steven D. Schwinn

Can Congress Tax Unrealized Sums on Overseas Investments without Apportionment among the States?, Steven D. Schwinn

Can the Federal Courts Review an Agency Decision Not to Cancel the Removal of a Non-Citizen "Permanent Resident" of the United States on the Ground That Removal Would Not "Result in Exceptional and Extremely Unusual Hardship" to the Person's Lawfully Present Family Member?, Steven D. Schwinn

Can the Government Deny a Trademark Because It Contains the Name of a Political Figure, without That Person's Written Consent?, Steven D. Schwinn

Can the Government Prohibit a Person Subject to a Domestic Violence Protective Order from Possessing a Firearm?, Steven D. Schwinn

Can the Government Remove a Noncitizen from the United States for Committing ‘an Offense Relating to Obstruction of Justice’ When the Crime Did Not Overlap in Time with a Pending Investigation or Judicial Proceeding?, Steven D. Schwinn

Did South Carolina Engage in Impermissible Racial Gerrymandering and Impermissible Dilution of Black Residents' Votes in Drawing Its Congressional District 1 (CD1) after the 2020 Census?, Steven D. Schwinn

Does a Disabled Person have Standing to Sue a Hotel under the Americans with Disabilities Act When They Encounter a Hotel's Online Reservation System That Fails to Include Information about the Hotel's Disability Accommodations, Even if the Person Does Not Intend to Patronize That Hotel?, Steven D. Schwinn

Does an Employer Violate Title VII of the Civil Rights Act of 1964 by Disciplining an Evangelical Christian Employee for Failing to Work on Assigned Sunday Shifts When the Employee's Failure Created at Least a De Minimus Burden on the Employee's Coworkers?, Steven D. Schwinn

Does Federal Tax Law Require the IRS to Notify Persons and Entities Identified in an IRS Summons ‘in Aid of the Collection’ of a Tax Debt, Even When the Delinquent Taxpayer Does Not Have a Direct Property Interest in the Subject of the Summons? And Can Those Persons and Entities Petition the Courts to Quash Such a Summons?, Steven D. Schwinn

Does Section 230 Immunize Interactive Websites from Lawsuits for Recommending Third-Party Content?, Steven D. Schwinn

Does the Fair Credit Reporting Act Authorize a Person to Sue the Government for Failing to Investigate and Remedy Incorrect Credit Information That the Government Reported to a Credit Reporting Agency?, Steven D. Schwinn

Does the Federal Criminal Prohibition against Encouraging or Inducing Unlawful Immigration Violate Free Speech?, Steven D. Schwinn

Does the Federal Labor Relations Authority Have Jurisdiction over Collective Bargaining Disputes between a State's National Guard and Its Dual-Status Technicians?, Steven D. Schwinn

Does the Secretary of Education Have Authority to Grant Partial Forgiveness for Federal Student Loans, and Do States and Individuals Have Standing to Challenge the Secretary's Action?, Steven D. Schwinn

Is a Defendant's Contemporaneous, Subjective Understanding or Belief about the Lawfulness of Its Conduct Relevant in Determining Whether It “Knowingly” Defrauded the Government in Violation of the False Claims Act?, Steven D. Schwinn

Is the Consumer Financial Protection Bureau's Payday Lending Rule Invalid because the Bureau Receives Its Budget from the Federal Reserve System, and Not a Direct Annual Appropriation from Congress?, Steven D. Schwinn

May States Intervene in a Challenge to a District Court Order Striking the Government's Title 42 Policy?, Steven D. Schwinn

Voting Rights and Election Law at the Court, Steven D. Schwinn

When a Party Appeals a District Court's Denial of a Motion to Compel Arbitration, Does the Appeal Require a District Court to Stay Proceedings in the Underlying Case?, Steven D. Schwinn

Submissions from 2022 2022

Can Congress Authorize Lawsuits against States for Discriminating against Servicemembers and Veterans Pursuant to Its War Powers?, Steven D. Schwinn

Can Individuals Sue State-Owned Nursing Homes for Violating Their Rights under the Federal Nursing Home Reform Act?, Steven D. Schwinn

Can the State of Washington Impose Particular and Unique Workers' Compensation Standards for Certain Workers Engaged in Cleanup of Radioactive Waste at a Federal Site?, Steven D. Schwinn

Did Harvard College and the University of North Carolina Impermissibly Use Race as a Factor in Their Admissions Decisions?, Steven D. Schwinn

Did the City of Boston Violate Free Speech When It Declined a Request by a Private Organization to Fly "the Christian Flag" on the City's Flagpole outside City Hall?, Steven D. Schwinn

Did the Department of Homeland Security in the Biden Administration Validly End the Migrant Protection Protocols Program, Started in the Trump Administration?, Steven D. Schwinn

Did the Department of Homeland Security Violate Federal Immigration Law When it Issued Guidelines That Prioritized Certain Noncitizens for Apprehension and Removal?, Steven D. Schwinn

Did the North Carolina Courts Violate the Elections Clause by Ruling That the Legislature's Map for Congressional Districts Violated the State Constitution and Issuing Their Own Temporary Replacement?, Steven D. Schwinn

Does a Colorado Law That Prohibits Discrimination by Sexual Orientation Violate a Website Designer's Free-Speech Rights?, Steven D. Schwinn

Does Alabama's 2021 Redistricting Plan for Its Seven Congressional Seats Violate the Voting Rights Act?, Steven D. Schwinn

Does California's Ban on the Sale of Whole Pork Meat from Animals Confined in a Manner That Is Inconsistent with State Standards Violate the Dormant Commerce Clause?, Steven D. Schwinn

Does the Bipartisan Campaign Reform Act of 2002 Violate the First Amendment Insofar as It Restricts Candidates' Ability to Receive Full Repayment for Loans That the Candidates Made to Their Campaign?, Steven D. Schwinn

Does the Clean Air Act, While Authorizing the EPA and States to Regulate Emissions from Existing Power Plants, Limit the Measures That the EPA May Consider in Determining the "Best System of Emission Reduction" Only to Those Measures That Can Be Applied to and at an Individual Source, like a Power Plant, and Not to Measures outside the Source? (20-1530) (20-1531) (20-1778) (20-1780), Steven D. Schwinn

Does the Federal Honest-Services-Fraud Statute Apply to a Person Who Left Public Office but Continued to Exercise Public Authority and Later Returned to Their Public Office?, Steven D. Schwinn

Do Federal District Courts Have Jurisdiction over Lawsuits That Seek to Halt Administrative Enforcement Actions by the Federal Trade Commission or the Securities and Exchange Commission Based on Claims That Those Agencies' Administrative Law Judges Are Impermissibly Insulated from Removal in Violation of the Constitution?, Steven D. Schwinn

May a Plaintiff Sue a Border Patrol Agent for Monetary Damages Arising out of the Agent's Violations of the Plaintiff's First and Fourth Amendment Rights?, Steven D. Schwinn

May States Intervene in an Appeal to Defend the Trump Administration's "Public Charge" Rule When the Biden Administration Has Declined to Defend It?, Steven D. Schwinn

May the President Pro Tempore of the North Carolina Senate and the Speaker of the North Carolina House of Representatives Intervene in a Federal Lawsuit against the State to Defend a State Voting Provision?, Steven D. Schwinn

Should the Court Block a Federal Rule That Requires All Health-Care Workers at Facilities That Participate in Medicare and Medicaid to Be Fully Vaccinated against COVID-19 unless They Are Eligible for a Medical or Religious Waiver?, Steven D. Schwinn

Should the Court Halt OSHA's Vaccine-or-Testing Option for All Businesses with 100 or More Employees?, Steven D. Schwinn

The Court's Religion Clause Cases: Expanding Religion in Public Life, Steven D. Schwinn

Submissions from 2021 2021

Brnovich v. DNC: Yet Another Blow to the Voting Rights Act, Steven D. Schwinn

Can a State Attorney General Intervene in a Case to Defend a State Anti-Abortion Law after an Appellate Panel Struck the Law, When a Different Attorney General Previously Voluntarily Withdrew from the Case, Renounced Authority to Enforce the Law, and Agreed to Abide by the Court's Ruling?, Steven D. Schwinn

Can Federal Courts Hear Challenges by Private Plaintiffs or the Federal Government to Halt the Enforcement of a Law That Authorizes Private Citizens to Sue Doctors for Providing an Abortion after Six Weeks of Pregnancy? (21-463) (21-588), Steven D. Schwinn

Did the Department of Health and Human Services Exceed Its Statutory Authority When It Reduced the Reimbursement Rate for Medicare Part B Prescription Drugs for Hospitals That, by Statute, Pay a Deeply Discounted Price for Those Drugs? Does the Medicare Statute Allow Judicial Review of This Question? (20-1114), Steven D. Schwinn

Did the Federal Communications Commission Sufficiently Analyze the Impact on Racial Minority and Female Ownership of Media When it Repealed Its Broadcast Ownership Rules?, Steven D. Schwinn

Does an Elected Body Violate the First Amendment When It Censures One of Its Members for Critical and Disruptive Public Speech?, Steven D. Schwinn

Does Arizona Violate the Voting Rights Act by Discarding All Ballots Submitted in the Wrong Precinct or by Prohibiting Third-Party Ballot Collections?, Steven D. Schwinn

Does a State's Ban on Abortion after 15 Weeks of Pregnancy Violate the Constitution?, Steven D. Schwinn

Does Austin's City Code, Which Distinguishes between on-Premises Signs (Which May Be Digitized) and off-Premises Signs (Which May Not), Constitute an Impermissible Content-Based Regulation of Speech, in Violation of the First Amendment?, Steven D. Schwinn

Does California's Regulation That Affords Union Organizers a Limited Right to Access a Business Where Agricultural Employees Work Constitute a Per Se Taking of the Business Owner's Property?, Steven D. Schwinn

Does California's Requirement That Charitable Non-Profits Disclose to the State Attorney General the Identities of Their Substantial Donors Violate the Right to Free Association?, Steven D. Schwinn

Does New York's Requirement That an Applicant Demonstrate "Proper Cause" for a License to Carry a Firearm outside the Home Violate the Second Amendment?, Steven D. Schwinn

Does Section 1806(f) of the Foreign Intelligence Surveillance Act, Which Requires Certain Judicial Procedures When the Government Seeks to Protect Evidence in Certain Cases Involving the National Security, Displace the State Secrets Privilege?, Steven D. Schwinn

Does the First Step Act of 2018 Allow Individuals Who Committed Low-Level Crack Offenses before 2010 to Move for a Reduction in Their Sentences?, Steven D. Schwinn

Does the Government's Invocation of the State Secrets Privilege Require Courts to Quash Subpoenas in Toto, when the Subpoenas Are Directed at Government Contractors for Both Concededly Privileged Information and for Information That Is Already Public?, Steven D. Schwinn

Does the NGA Validly Delegate to Private Corporations the Federal Government's Power of Eminent Domain to Acquire State Property for a Natural Gas Pipeline? Did the Lower Court Have Jurisdiction to Rule on This Question?, Steven D. Schwinn

May a Police Officer Enter a Home without a Warrant When the Officer Pursues a Person That the Officer Has Probable Cause to Believe Has Committed a Misdemeanor?, Steven D. Schwinn

May a State Exclude Private Schools with Overtly Religious Missions from a State Program That Provides Private-School Tuition to Students Who Live in Districts with No Public Schools?, Steven D. Schwinn

Submissions from 2020 2020

Can the Government Ban Automated Calls to Cell Phones, but Except Calls to Collect Government-Owned Debt, Consistent with the First Amendment?, Steven D. Schwinn

Can the Heirs of German Jews Sue a German Foundation in U.S. Courts for Art and Artifacts That Their Predecessors Sold to Prussia, under Duress, as Part of the Holocaust?, Steven D. Schwinn

Did Committees of the House of Representatives Have Authority to Issue Subpoenas to Third-Party Custodians of the Personal Records of the President?, Steven D. Schwinn

Did Congress Render the Minimal-Coverage Provision in the Affordable Care Act Unconstitutional When It Eliminated the Tax Penalty for Noncompliance, and, if So, Does the Provision's Unconstitutionality Render the Rest of the Act Unconstitutional, Too?, Steven D. Schwinn

Did Federal Agencies Have Authority to Grant a Categorical Exemption from the Affordable Care Act's Contraceptive Guarantee for Organizations That Have a Religious or Moral Objection to Contraception?, Steven D. Schwinn